Author: Jasim Al Haddad
The introduction
During any legal proceeding, evidence serves as the foundation for the judge’s decision. In line with other jurisdictions, the UAE has established clear rules regarding what constitutes admissible and non-admissible evidence. I will provide an overview of these crucial components of the UAE legal system in my capacity as a licensed Advocate to practice before UAE courts and as a Chairman at a leading Dubai-based law firm.
Evidence admissible in UAE courts is as follows
The UAE Federal Law No. 10 of 1992, also known as the Law of Evidence, defines several types of evidence as admissible in court:
- Witnesses may testify if they are competent and possess direct knowledge of the facts to which they are testifying.
- Official documents, private documents, and electronic documents that comply with the stipulations of the law are admissible as evidence.
- In cases requiring specialized knowledge, expert opinions may be used by the court.
- An example of physical evidence would be DNA evidence, fingerprints, weapons, etc.
- Judicial inspections and investigative reports may also be admissible as evidence.
- Evidence can be gathered from voluntary admissions and confessions made by a party or their legal representative.
Evidence that is not admissible in UAE courts is as follows
Evidence deemed inadmissible by the UAE courts will be rejected. Evidence that is not admissible may include:
- In most cases, evidence obtained illegally, such as through unauthorized surveillance, wiretaps, or violations of privacy rights, will not be admissible.
- As a rule, hearsay evidence (information gathered by one person from another concerning some event) is not admissible in court.
- Any evidence that is irrelevant to the case or does not prove or disprove a significant fact is deemed inadmissible.
- A witness who is deemed incompetent, such as a witness with cognitive impairments or a witness who has a vested interest in the case, may not be permitted to testify.
To conclude
It is essential for the success of any legal case to understand what constitutes admissible and non-admissible evidence. Evidence evaluation is subject to the courts’ discretion, and the judges’ experience and understanding of the law play a significant role in the final verdict.
By engaging the services of a competent law firm, you will be guided through the complexities of the UAE legal system, ensuring that your case is presented with the strongest evidence possible.
(Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. We recommend that you seek the advice of a legal professional before making any decisions regarding insolvency and bankruptcy.)
